In a case concerning a re-examination of the expulsion order, the Swedish Migration Agency has refused to grant the applicant the right to public assistance. The Agency has justified the decision by the fact that the applicant has been given the right to review on basis on Chapter12 article 1 of the Aliens Act.

 The applicant appealed the decision and the administrative court in Gothenburg decided to annul the contested decision and to grant the applicant the right to public assistance considering that the new processing justifies the granting of public assistance according to Chapter 12 Article 19b of the Aliens Act.

The Swedish Migration Agency appealed against the judgment of the administrative court and requested that the Migration Appeal Court grant leave to appeal and annul the administrative court judgement.

The Migration Court of Appeal considered that it was relevant to obtain an opinion from the Chancellor of Justice on the question of whether the Migration Agency may appeal the Migration Court's decision regarding the right to public assistance.

Based on the opinion provided by the Chancellor of Justice and the national legislation applicable, the Migration Court of Appeal ruled that the right to appeal a migration court's ruling on the issue of the appointment of public assistance is only available to an individual party and the Chancellor of Justice, according to Section 8 of the Public Assistance Act. Thus, the Swedish Migration Agency does not have the right to appeal in the case.